00HOUSE BILL NO. 385                                                                                                    
01 "An Act relating to search warrants."                                                                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 12.35.020 is amended to read:                                                                     
04  Sec. 12.35.020.  Grounds for issuance.  A search warrant may be issued if the                                       
05 judicial officer reasonably believes any of the following:                                                              
06   (1)  that the property was stolen or embezzled;                                                                      
07   (2)  that the property was used as a means of committing  an offense  [A                                           
08 CRIME];                                                                                                                 
09   (3)  that the property is in the possession of a person who intends to use                                           
10 it as the means of committing  an offense  [A CRIME], or in possession of another to                                  
11 whom the person may have delivered it for the purpose of concealing it or preventing                                    
12 its being discovered;                                                                                                   
13   (4)  that the property constitutes evidence of a particular  offense                                               
14 [CRIME] or tends to show that a certain person has committed a particular  offense                                    

01 [CRIME];                                                                                                                
02   (5)  that either reasonable legislative or administrative standards for                                              
03 conducting a routine or area inspection with regard to air pollution are satisfied with                                 
04 respect to the particular place, dwelling, structure, premises, or vehicle, or there is                                 
05 reason to believe that a condition of nonconformity exists with respect to the particular                               
06 place, dwelling, structure, premises, or vehicle.                                                                       
07    * Sec. 2.  AS 12.35.025(a) is amended to read:                                                                     
08  (a)  Property described in AS 12.35.020 may be taken on a warrant from                                                
09   (1)  a house or other place in which it is concealed or may be found;                                                
10   (2)  the possession of the person by whom it was stolen, embezzled, or                                               
11 used in the commission of  an offense  [A CRIME];                                                                     
12   (3)  a person who is in possession of the property;                                                                  
13   (4)  the possession of a person to whom the property has been delivered                                              
14 for the purpose of concealing it or preventing its being discovered, or from a house or                                 
15 other place occupied by that person or under that person's control.                                                     
16    * Sec. 3.  AS 12.35.120 is amended to read:                                                                        
17  Sec. 12.35.120.   Definitions  [DEFINITION OF SEARCH WARRANT].   In                                                
18 this chapter,                                                                                                           
19   (1)  "offense" has the meaning given in AS 11.81.900;                                                                
20   (2) "  [A] search warrant " means  [IS] an order in writing, signed by a                                          
21 judge or magistrate or signed at the direction of a judicial officer in accordance with                                 
22 AS 12.35.015, directed to a peace officer, commanding the peace officer to search for                                   
23 personal property and bring it before the judge or magistrate.